Aboriginal Heritage Act 1972 Explained

The Aboriginal Heritage Act 1972 (AHA) is a law in the state of Western Australia governing the protection of Aboriginal cultural sites. The Aboriginal Cultural Heritage Act 2021 (ACH Act^[1]) was intended to replace the Act from 1 July 2023^[2] but was revoked after only five weeks of operation.

The AHA protects all Aboriginal cultural heritage in Western Australia, whether or not heritage sites are registered or mapped by the Department of Planning, Lands, and Heritage. Under the Act the Minister for Aboriginal Affairs has the power to grant approval for any activity which would negatively impact Aboriginal heritage sites. Under the AHA, Aboriginal sites of outstanding importance can be declared Protected Areas. The AHA also provided protection for Aboriginal objects.^{[3] [4]}

Juukan Gorge destruction

See main article: Juukan Gorge. After the mining company Rio Tinto blew up the 46,000-year old caves in Juukan Gorge on 24 May 2020, which was legal under a Section 18 exemption of the Act,^[5] WA Aboriginal Affairs Minister Ben Wyatt started a review of the Act.^[6]

The interim report of a bipartisan parliamentary inquiry into the incident published on 9 December 2020, entitled Never Again, makes several recommendations, including a halt to all actions presently occurring under Section 18 of the AHA, and a moratorium on Section 18 applications. It also recommends that the Western Australian Government review and reform the current state heritage laws, and that the federal government review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.^[7] It also outlines deficiencies in the WA Act.^[8]

Transition to ACH Act

There was a transitional period of around 18 months before the Aboriginal Cultural Heritage Act 2021 came into force,^[2] while the various regulations and processes were developed.^[9] In February 2022 there was a reference group appointed to assist in the co-design process.^[10] The new law does away with the approval process determined by Section 18, and puts traditional owners into a more powerful position in the decision-making process.^[9]

Notes and References

1. Web site: Aboriginal Cultural Heritage Act phase two co-design submissions form - Citizen Space . WA DPLH . 19 August 2022 . 25 July 2023.
2. Web site: Aboriginal Cultural Heritage reform . . 4 July 2023 . 25 July 2023.
3. Web site: Protection under the Aboriginal Heritage Act 1972. Department of Planning, Lands and Heritage. 2020-05-29.
4. Web site: Aboriginal Heritage Act 1972 . Western Australian Legislation. Government of Western Australia . 18 November 2013 . 2 July 2020. PDF
5. Web site: Rio Tinto executives stripped of bonuses over destruction of Juukan Gorge rock shelters. Nicolas . Perpitch . ABC News. Australian Broadcasting Corporation. 23 August 2020 . 24 August 2020.
6. Web site: Rio Tinto didn't tell traditional owners there were options to save ancient Juukan Gorge rock shelters . Karen . Michelmore. ABC News. Australian Broadcasting Corporation . 7 August 2020 . 24 August 2020.
7. Web site: Never Again . . 9 December 2020 . 5 January 2021.
8. Web site: Kemp . Deanna . Owen . John . Barnes . Rodger . Juukan Gorge inquiry puts Rio Tinto on notice, but without drastic reforms, it could happen again . The Conversation . 9 December 2020 . 5 January 2021.
9. Web site: Aboriginal Cultural Heritage Act 2021 . wa.gov.au . 22 December 2021 . 21 July 2022.
10. Web site: Co-design process a step closer as Aboriginal Cultural Heritage Reference Group appointed. Media statement. 11 February 2022. Tony. Buti. Tony Buti. 21 July 2022. 21 July 2022. https://web.archive.org/web/20220721065041/https://www.mediastatements.wa.gov.au/Pages/McGowan/2022/02/Co-design-process-a-step-closer-as-Aboriginal-Cultural-Heritage-Reference-Group-appointed.aspx. dead.